New law requires safety features on golf carts

By DORIE TURNER and KATE BRUMBACK

Associated Press

Georgia officials have no process to register some golf carts in the state despite a new law requiring it in certain instances, a state Department of Revenue spokesman said Thursday.

A law taking effect Sunday creates a classification for some golf carts called "personal transportation vehicles" — which must weigh less than 1,375 pounds and not top speeds of 20 mph. The law requires the carts to be registered with the Department of Motor Vehicles, even though most golf carts don't come with titles, which are required for registration, said Jud Seymour with the state revenue department.

And some places, like Atlanta, require an emissions test for registration, but there are currently no testing stations for golf carts, Seymour said.

"The law states it does have to be registered, but we cannot register it," he said.

The new law is causing confusion because it is similar to an existing statute for "motorized carts," which do not have to be registered with the state, said Rusi Patel with the Georgia Municipal Association. Motorized carts must have at least three wheels and weigh less than 1,300 pounds, while personal transportation vehicles must have at least four wheels and weigh less than 1,375 pounds.

Most golf carts on the market weigh less than 1,000 pounds.

The new law establishes safety standards for personal transportation vehicles, including braking systems, a reverse warning device, tail lamps, a horn and hip restraints. But an owner could simply say they are driving a motorized cart to avoid having to include those features on their golf cart, Patel said.

It is also unclear whether personal transportation vehicles can be driven on roadways at all because the bill creating the law does not include language allowing that, while the statute concerning motorized carts does, Patel said. The association has been fielding questions from cities and others about how the new law affects golf cart owners, he said.

"It was clear it was confusing to a lot of people," Patel said.

The new law does not apply to the some 23 Georgia cities — from Peachtree City to Hahira — that already have golf cart ordinances allowing golfers to drive off the course and on to local roadways.

State lawmakers likely will try to clarify the new law in the upcoming legislative session, said Ted Meeker, city attorney for Peachtree City, which has 10,000 golf carts registered locally.

"I don't think it's a quantum leap to say we're going to see some follow-up legislation," Meeker said.

The bill was signed into law by Gov. Nathan Deal this year after his predecessor, Gov. Sonny Perdue, vetoed a similar measure last year. It had backing from one of Georgia's key industries — golf cart manufacturing.

The Georgia-based International Light Transportation Vehicle Association, formerly known as the National Golf Cars Manufacturers Association — which prefers the term "car" to "cart" — estimates that 90 percent of the golf carts used in the U.S. are made in Georgia.

The measure started out in January with stricter standards and more requirements but was watered down as it made its way through the Legislature.

Other laws going into effect next week include a measure allowing cities with 911 centers to require retailers selling prepaid cell phones to charge a fee to support the emergency systems. Towns can charge businesses up to 75 cents per sale, though the fee doesn't apply to sales of $5.00 or less.

Key parts of Georgia's new law targeting illegal immigration are also set to take effect. Starting Jan. 1, any employer with 500 or more employees will have to use a federal database called E-Verify to check the employment eligibility of all new hires.

The mandate is being phased in with smaller businesses that have 100 or more employees required to use the database starting July 1, and companies with more than 10 employees to start using E-verify by July 2013.

Employers with 10 or few employees are exempt from this requirement.

The law's sponsor and supporters said they wanted to deter illegal immigrants from coming to Georgia by making it tougher for them to work in the state. Already, any company with a federal contract is required to use E-Verify, and Georgia has required state and local government agencies and their contractors to use the database since 2007.

But the new law could cause trouble for many businesses, experts say.

"Many Georgia businesses are confused with respect to the provisions of the law that have to do with E-Verify," said Atlanta lawyer Teri A. Simmons, who advises businesses on immigration and employment matters. "Within most businesses, human resources professionals are already dealing with so much that it's hard to also fit in E-Verify training and administration."

When Georgia's governor signed the law in May, Georgia joined Arizona and several other states that have recently enacted tough laws taking aim at illegal immigration. Federal judges have since blocked all or parts of the various laws, and Arizona's is headed to the U.S. Supreme Court next year.

Also taking effect Jan. 1 is a provision that any agency administering public benefits must require each applicant to provide at least one "secure and verifiable document." A list of acceptable documents was provided by the attorney general's office over the summer.

The new law also instructs the state agriculture department to submit a report to the governor and the heads of each chamber of the state Legislature by Jan. 1. The department was tasked with examining the effect of immigration on the state's agriculture industry and providing suggestions to reform a federal guest worker program. The department also was supposed to evaluate the feasibility of a state guest worker program.

———

Follow Dorie Turner at http://www.twitter.com/dorieturner and Kate Brumback at http://www.twitter.com/katebrumback.